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HomeMy WebLinkAbout1998-10-26 98-430 ORDERCOUNCIL ACTION Date: October 26. 1998 Item No. 98-418 Item/Bubject: Extending Purchase Option Agreement for Purchase of Bangor Waterworks — Ensure Maine Healthcare Responeible Department Community a economic Development Commentary: By Council Order 98-150, on March 28, 1998, the City authorized a Purchase Option Agreement with Eastern Maine Heeh forthepurchaeofthe Bangor Waterworks. TMAgm me Mvide ffiattherrccessarypertnits for development of the site would be obtained and that the City would seek a modification of an Maine Department of Transportation decision providing access to the site over the railroal tracks. The railroad crossing modification regmstisstillpensivgbeforeMDOT. The parties are continuing to work towards obtaining the necessary permits for development. The Purchase Option Agreement expires November 1, 1999 Writes an extension is agreed upon by the pasties. This Order would authorize an amendment to tbe Agreement extending the option period to March 1, 1999. Dep en[d manager's Ce®ance: ae,,, no _^P..�r City Manager Associated Information Budget Approval: Finance Director Legal Approval: City Y#11citor Introduced For WPassage 0 First Reading 0 Referral Paga_L_of I 98-630 Aeai�rcd W Gm,ndor Palmer October 26. 1998 _ CITY OF BANGOR (nom.) ad rba, Exteadmg Purchase Opium Agreement for Pmchsse of Bangor....... Waterworks—Eastzm Maine Healthcare By rhe Can CoyyaoH of CHy efBawor. ORDERED, THAT WHEREAS, the City of Bangor and Eastern Maine Heahhcam are parties to a Purchase Option Agreement, as authorized by Council Order k98-150 passed by the Bavgor City Council on March 23, 1998, for the purchase and redevelopment of the Bangor Waterworks; and WHEREAS, said Agreement was extended to November 1, 1998 by Council Order 98-308 passed July 27,1998 to allow additional time for obtaining formula for the project; and WHEREAS, the parties continue to words towards obtaining the permits necessary for the development of the Bangor Waterworks and a modification of a Maine Department of Transportation railroad crossing decision regarding the road accessing the Bangor Waterworks; and WHEREAS, additional time is necessary to obtain to obtain necessary permits and the modification of the railroad crossing decision; NOW, THEREFORE, by the City Council of the City of Bangor, be it ORDERED, THAT the City Manager, on behalf of the City of Bangor, is bere ry authorized to execute a Second Amendment to the Purchase Option Agreement between Eastem Maine Healthcare and the City of Bangor to extend the option period to March 1, 1999, said Amendment to be in a form approved by the office ofNc City Solicitor. IN CITY COUNCIL October 26. 1998 Motion for passage Made 6 Seconded Councilors Crowley, Schuman 6 Woodcock abstained from discussion and vote i. due to prevousley established conflict PPassedd� //�J CIT CLERX 98-430 ORDER Title, Extending Purchase Option Egreement for Purchase of Bangor Waterworks - eastern Maine Healthcare . ....................... I..... ..................................... G. Awipied to Gam, P, 4,�............... Councilman 98-630 This Second Amendment to Purchase Option Agreement, executed in duplicate this _ Day of 1998 by and between CITY OF BANGOR a body wrporate, of 73 Harlow Street, Bangor, Penobscot County, Maine, and EASTERN MAINE HEALTHCARE, a corporation duly organized and existing under that laws of (be State of Maim, having a principal place in Bangor, Penobscot County, Maine. WITNESSTH WHEREAS, the City of Bangor and Eastern Maine Healthcare are parties to a Purchase Option Agreement for the purchase of the Bangor Waterworks; and WHEREAS, said Agreement is scheduled to expire on November 1, 1998; and WHEREAS, said Agreement provides for the obtaining of permits for the development of the Bangor Waterworks aM a modification of the railroad crossing decision of Maine Deparhnent of Transportation; and WHEREAS, the parties need additional time m obtain the necessary permits and the MOOT decision modification, NOW, THEREFORE, the parries hereto do mutually agree to amend the Agreement as follows: By deleting from "2. Option Period" the date November 1, 1998 and replacing it wide the daze March 1, 1999. THAT except for the foregoing, said Purchase Option Agreement between the City of Bangor and Eastern Maim Healthcare will remain in full force and effect in all other map" between the undersigned. M WITNESS WHEREOF, the parries hereto have set their hands and seats the day and year first written above. CITY OF BANGOR Witness Edward A. Barem City Manager Witmss Norman Ledwin Chief of Executive Officer SECOND AMENDMENT TO This Second Amendment to Purchase Option Agreemem, executed in duplicate this k!Tk Day of , •-1.. . IWS by andbetween CITY OF BANGOR, a bodycorporate, of 73 Harlow Street, Bangor, Pcrobswt County, Maine, and EASTERN MAINE HEALTHCARE, a corporation duly organized and existing under the laws of the State of Maine, having a principal place in Bangor, Penobscot County, Maine. WITNESSTH WHEREAS, the City of Bangor and Eastern Maine Healthcare are parties to a Purchase Option Agreement for the purchase of the Bangor Waterworks; and WHEREAS, said Agreement is scheduled to expire on November 1, 1998; and WHEREAS, said Agreement provides for the obtaining ofpaotds for the development of the Bangor Waterworks and a modification of the railroad crossing decision of Maine Department of Transportation; and WHEREAS, the parties need additional note m obtain the necessary permits and the MDOT decision modification, NOW, THEREFORE, the parties hereto do mutually agree to amend the Agreement as follows: By deleting fiom "2. Option Period" the date November 1, 1998 and replacing it with the date March 1, 1999. THAT except for the foregoing, said Purchase Option Agreement between the City of Bangor and Eastern Maine Healthcare will remain in full force and eBe n in all other respects between the undersigned. IN WITNESS WHEREOF, the partes hereto have set their heads and seals the, day aM year first written above. • �a ,,, _ I I. WV Edward A. Barred City Manager t �itl"7/*72k c! ISITLN?901Wm sl TO: Gail Campbell, City Clerk FROM: Norman S. Heitmann III, Asst. City Solicitor RE: Waterworks Property -- Option with Eastern Maine Healthcare DATE: November 9, 1998 Enclosed for your permanent records please find an original executed Second Amendment to Purchase Option Agreement between the City of Bangor and Eastern Maine Healthcare, dated November 6, 1996 regarding the Waterworks property. The second original has been forwarded to Eastern Maine Healthcare. This Second Amendment was executed pursuant to Council Order 898-430 passed by the Bangor City Council on October 26, 1998. If you have any questions, please call my office. tc Enclosure pc: Rod McKay w/o encl.